KARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner has been convicted by two Courts for offences under Section 279 and 304A of the Indian Penal Code. The case of the prosecution is that on 23.8.1996 at about 10.35 A.M. in the morning, complainant PW -1 Manmohan Singh was driving Jeep No. H.P -02 -5239 and was ferrying passengers and at about 10.35 A.M. when he reached near Flado, the accused who was driving Maxi Cab 750 H.P. -02 -8170 in a rash and negligent manner dashed against the Jeep of the complainant and one person sitting on the right side of the driver fell on the road. The complainant came down from Jeep and found that this person was unconscious. Later on, he came to know that his name was Sudesh Kumar. He was rushed to hospital from where he was taken to the Zonal Hospital, Dharamshala, where he succumbed to his injuries. After investigation, First Information Report was registered and challan was filed in Court. Petitioner was charged for offences under Sections 279 read with Section 304A of the Indian Penal Code.

(2.) THE prosecution examined thirteen witnesses in all to prove its case. PW -1, complainant Sh. Manmohan and PW -2 Sh. Achar Singh, who was passengers in Maxi Cab, were declared hostile. According to the complainant, the deceased was riding on the bumper of Maxi Cab No. H.P -02 -8170. According to him this Maxi Cab was being driven at a normal speed. He was declared hostile, but nothing material has been elicited by the prosecution from his statement. PW -2 Sh. Achhar Singh also states that the deceased who was riding on the bumper, despite the requests of accused and other fellow passengers, he did not came inside the Maxi Cab and continued to ride on the bumper. According to him the Maxi Cab was being driven at a normal speed. PW -5 Sh. Des Raj was a passenger in Jeep No. H.P -02 -5239 and states in his evidence that he could not say anything about the negligence of any driver as he was sitting inside the vehicle. PW -8 Sh. Raghuvir Singh was also a passenger in Maxi Cab No. H.P -02 -8170 and he states that death of Subash Kumar occurred because the Jeep struck against the Maxi Cab and the deceased fell down. He states that he can not say that whose negligence caused the death of Subash Kumar, as he was sitting inside the Maxi Cab. This is the entire evidence in so far as the incident is concerned.

(3.) I have heard the learned Counsel appearing for the Petitioner and learned Additional Advocate General for the State and gone through the record.